their ToS says you need to be either the copyright holder or have consent from the copyright holder.
I've seen warez sites with exactly the same disclaimer. It didn't work for them either.
I've seen warez sites with exactly the same disclaimer. It didn't work for them either.
It also should be noted that YouTube spent a great deal of money on settlements and arrangements with RIAA & MPAA members, content networks and others to survive.
The American Society of Media Photographers, Graphic Artists Guild, the Picture Archive Council of America, the North American Nature Photography Association, Professional Photographers of America. They do not have the deep pockets or political clout of MPAA or RIAA but they are large industry groups.
I think someone else mentioned a class action suite against Google for copyright infringement by photographers. The lawsuit started with scanning and displaying images from the Google Library Project but includes infringement claims for images.google.com, etc.